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explanation of county charter amendments proposed ... - Kauai County

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<strong>County</strong> <strong>of</strong> Kaua‘i Charter Review Commission <br />

4444 Rice Street, Suite 150 <br />

Līhu‘e, Hawai‘i 96766<br />

EXPLANATION OF COUNTY CHARTER AMENDMENTS <br />

PROPOSED IN THE 2010 GENERAL ELECTION <br />

RELATING TO COUNTY COUNCIL TERMS<br />

“Shall the term <strong>of</strong> <strong>of</strong>fice for councilmembers be extended from two to four years with a limit <strong>of</strong> two consecutive four year<br />

terms?” Vote YES or NO<br />

Background: Currently, councilmembers can serve a maximum <strong>of</strong> four consecutive two year terms.<br />

Explanation: This <strong>proposed</strong> Charter amendment will allow councilmembers to serve two consecutive four<br />

year terms. Councilmembers who have already served two consecutive four year terms may only seek<br />

reelection to the <strong>of</strong>fice <strong>of</strong> <strong>County</strong> Council after one election cycle has elapsed.<br />

RELATING TO QUALIFICATIONS FOR MANAGING DIRECTOR<br />

“Shall the Mayor’s Administrative Assistant, whose title shall be changed to Managing Director, be required to have<br />

appropriate job qualifications and perform certain duties?” Vote YES or NO<br />

Background: Kaua‘i is the only <strong>County</strong> with an Administrative Assistant rather than a Managing Director.<br />

Currently, the Administrative Assistant must be 30 years <strong>of</strong> age and meet all requirements as a registered<br />

voter on Kaua‘i for at least three years prior to assuming the job.<br />

Explanation: This <strong>proposed</strong> Charter amendment changes the Administrative Assistant title to Managing<br />

Director and would add the following minimum qualifications: (1) Bachelor’s degree from an accredited<br />

institution in public administration, business, or a related field and (2) At least five years experience in an<br />

administrative or managerial position.<br />

The amendment also clarifies the duties <strong>of</strong> the Managing Director to include: (1) Serve as the Mayor’s<br />

principal administrative aide; (2) Oversee the administrative functioning <strong>of</strong> all administrative<br />

departments; (3) Prescribe administrative standards and evaluate the performance <strong>of</strong> all departments<br />

under the Director’s oversight; (4) Attend <strong>County</strong> Council meetings and provide information and reports<br />

as required; and (5) Perform other duties as required by the Charter or assigned by the Mayor.<br />

RELATING TO FINANCIAL PROCEDURES<br />

“Shall the Charter provisions relating to centralized purchasing and disposition <strong>of</strong> surplus property be changed to conform<br />

with State law?” Vote YES or NO<br />

Background: Several existing Charter requirements regarding the <strong>County</strong>’s financial procedures are<br />

outdated and have never been changed since they were approved in 1969.<br />

Explanation: This <strong>proposed</strong> Charter amendment updates the <strong>County</strong>’s financial procedures regarding centralized<br />

purchasing and disposition <strong>of</strong> surplus property to conform to current State law.


RELATING TO BIDDING REQUIREMENTS FOR COUNTY CONTRACTS<br />

“Shall the dollar limit without competitive bidding for contracts with <strong>County</strong> <strong>of</strong>ficers, employees or firms in which an <strong>of</strong>ficer<br />

or employee has a substantial interest, be increased from $500 to $1,000?” Vote YES or NO<br />

Background: The Charter currently requires a competitive bid process whenever the <strong>County</strong> enters into a<br />

contract <strong>of</strong> $500 or more with a <strong>County</strong> <strong>of</strong>ficer or employee or a company in which an <strong>of</strong>ficer or employee<br />

has ownership or substantial interest.<br />

Explanation: This <strong>proposed</strong> Charter amendment increases the dollar amount required for competitive<br />

bidding from $500 to $1,000 when the <strong>County</strong> enters into contracts with a <strong>County</strong> <strong>of</strong>ficer or employee or a<br />

company in which an <strong>of</strong>ficer or employee has ownership or substantial interest. (Emphasis added)<br />

RELATING TO POST EMPLOYMENT REQUIREMENTS FOR COUNTY CONTRACTS<br />

“Shall the <strong>County</strong> extend from six months to one year the timeframe prohibiting the <strong>County</strong> from entering into a contract<br />

with a former <strong>County</strong> employee or a firm that is represented by a former <strong>County</strong> employee, for those contracts where the<br />

former <strong>County</strong> employee participated in the subject matter while employed with the <strong>County</strong>?” Vote YES or NO<br />

Background: The Charter currently prohibits the <strong>County</strong> from entering into a contract with a former <strong>County</strong><br />

employee or firm that is represented by a former employee for a period <strong>of</strong> six months where the former<br />

employee participated in the matter while employed with the <strong>County</strong>.<br />

Explanation: This <strong>proposed</strong> Charter amendment increases the timeframe from six months to one year in<br />

which the <strong>County</strong> is prohibited from entering into a contract with a former <strong>County</strong> employee or firm that is<br />

represented by a former employee where the former employee participated in the matter while employed with<br />

the <strong>County</strong>. (Emphasis added)<br />

RELATING TO DISCLOSURES<br />

“Shall any employee delegated to act on behalf <strong>of</strong> the Director or Deputy Director <strong>of</strong> Finance be required to file a<br />

disclosure statement with the <strong>County</strong> Board <strong>of</strong> Ethics?” Vote YES or NO<br />

Background: The Purchasing Agent is the only non-appointed <strong>County</strong> employee who is required to file a<br />

disclosure statement with the <strong>County</strong> Board <strong>of</strong> Ethics.<br />

Explanation: This <strong>proposed</strong> Charter amendment expands the requirement for those who must file a<br />

disclosure statement with the <strong>County</strong> Board <strong>of</strong> Ethics to include any <strong>County</strong> employee who is delegated to<br />

act on behalf <strong>of</strong> the Finance Director or Deputy Finance Director. The disclosure statement includes<br />

information on the employee’s employment, finances, business interests and real estate holdings.<br />

RELATING TO TIME EXTENSION FOR ETHICS ADVISORY OPINIONS<br />

“Shall the time in which the <strong>County</strong> Board <strong>of</strong> Ethics has to render advisory opinions be extended from 30 days to 45 days,<br />

which opinions shall be binding on the Board, unless changed or revoked by the Board?” Vote YES or NO<br />

Background: The Board <strong>of</strong> Ethics is currently required to render an advisory opinion within 30 days from<br />

the date <strong>of</strong> the initial request. Because the Board <strong>of</strong> Ethics typically meets monthly, it can be difficult to<br />

gather information and conduct the research necessary to render an advisory opinion within 30 days <strong>of</strong> the<br />

request date.<br />

Explanation: This <strong>proposed</strong> Charter amendment extends the time in which the Board <strong>of</strong> Ethics must<br />

render advisory opinions from 30 days to 45 days and requires such opinions to be binding on the Board until<br />

they are amended or revoked.<br />

For complete information or copies on Charter Amendment proposals, please go to<br />

www.kauai.gov/boardsandcommissions and click on “Charter Review Commission” or contact the Office <strong>of</strong><br />

Boards and Commissions at 241-4919 or the Elections Division at 241-4800 or TTY at 241-5116 during normal<br />

business hours.

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